In this article we address the question of individual identity and its place – or rather omission – in contemporary discussions about the cosmopolitan extension of liberalism as the dominant political theory. The article is divided into two parts. In the first part we show that if we consistently emphasise the complementarity of the “inner” and “outer” identity of a person, which is essential to liberalism from its very beginnings, then a fundamental flaw in the liberal cosmopolitan project becomes apparent. (...) This is the underestimation of the indispensability of an unambiguously determined public framework which will fix and enforce liberal principles and values in a comprehensible way. Such a framework for liberalism was always the political community and then, above all, the modern state, in which the liberal identity could then be realised. The discussion in this part of the article prepares the ground for an examination, in the second part, of a dilemma which cosmopolitan liberalism must face. In the second part we argue that the attempt to tackle the given problem presents liberals with the following dilemma: either it is necessary to plead for the institution of a global political authority (a “world state”), or to give up the belief that fundamental liberal principles and values can be realised to a global extent. We show, at the same time, that because of the character and ambitions of the cosmopolitan project, the promise of plural identities and multi­centred law cannot be relied upon. By way of conclusion we then ask what is the price of the realisation of cosmopolitan liberal ideals. -/- NOTE: This is a two-part article (in Czech). For download here is the first part; please see the link below for the second part as well. (shrink)

This article focuses on the impact of globalization on international law and the discourse of sovereignty. It challenges the claim that we have entered into a new world order characterized by transnational governance and decentered global law, which have replaced “traditional” international law and rendered the concepts of state sovereignty and international society anachronistic. We are indeed in the presence of something new. But if we drop the concept of sovereignty and buy into the idea that transnational governance has upstaged (...) international treaty organizations, we will misconstrue the nature of contemporary international society and the political choices facing us. In the contemporary context where there is a powerful imperial project afoot (on the part of the United States) that seeks to develop a useful version of global (cosmopolitan) right to justify its self-interested interventions, proposals to abandon the default position of sovereignty and its corollary, the principle of nonintervention in international law, are both premature and dangerous. Instead, we should rethink the normative dimensions of the concept of sovereignty in light of the new principle of sovereign equality articulated in the UN Charter, and show how it can complement cosmopolitan principles such as human rights and collective security. The task is to strengthen, not abandon, international law and supranational institutions, and to foster a global rule of law that protects both the sovereign equality of states, based on a revised conception of sovereignty, and human rights. (shrink)

What does it mean to act politically? This paper contributes an answer to this question by looking at the role that necessity plays in the political theory of Carl Schmitt. It argues that necessity, whether in the form of existential danger or absolute values, does not affect the sovereign decision, which must be free from normative determinations if it is to be a decision in Schmitt’s sense at all. The paper then provides a reading of Schmitt in line with Weber’s (...) ethics of responsibility, according to which the political actor decides not arbitrarily and irresponsibly, but actively assumes responsibility for the decisions he takes. (shrink)

Reevaluates Western and Chinese philosophical traditions to question the boundaries of entrenched conceptual frameworks.

Russia’s war against Ukraine has grave consequences in several political categories. These include: a reassessment of the school of ‘political realism’, one of whose proponents claims to have predicted the war. Was the West partly ‘responsible’ for the war? Second, to what extent does the war of aggression, as an undeniable violation of law, damage the status of international law and justice? Third, the war is embedded in political developments that stretch back a century. It is examined in its context (...) within American foreign policy since the Wilsonian peace programme, in relation to the dangerous reluctance of the EU to pursue a decisive geopolitical policy towards Russia, and interpreted in the light of Stalinist echoes within Russian politics. (shrink)

As a political thinker nurtured in early 20th-century German, Hannah Arendt is most often identified with the Greek philosophical tradition. This article argues that the crisis in reality that threw her into politics also, though unacknowledgedly, threw her into ‘Jewish modes of thinking’ as an alternative source where she found the Greek tradition lacking. This claim is controversial, given Arendt’s vehement criticisms of any recourse to the absolute, or metaphysical truths in the realm of politics. Nevertheless, and consistent with a (...) number of early 20th-century Jewish thinkers who explicitly identified the Hebrew God not as the metaphysical but as the condition of possibility for authentic freedom under conditions of finitude, one finds in Arendt a move towards an understanding of the seat of human freedom that sits far more comfortably in the Jerusalem than in the Athens tradition. Specifically, in her emphasis on natality and genuine futurity, one senses a strong resonance with the notion of pure creation in the Hebrew Bible, as one does, notably, in her insistence that forgiveness and promises form the two pillars for human sociality. Throughout the history of Jewish thought, one consistently finds precisely this Arendtian struggle to represent a model of law that holds the tension between binding fidelity to promises, memory and the past, and an openness to futurity, to the infinity of interpretation that gives meaning to those promises. Closely resembling the midrashic tradition, Arendt’s political community of speech is one in which meaning is open ended and plural, allowing for the binding together that sustains a polity, while also opening up to the radically new of each new birth. (shrink)

This project retraces activations of Kierkegaard in the development of polit­ical theology. It suggests alternative modes of states of exception than those attributed to him by Schmitt, Taubes and Agamben. Several Kierkegaardian themes open themselves to 'something like pure potential' in Agamben, namely: living death, animality, criminality, auto-constitution, modification, liturgy, love and certain articulations of improbabilities. Attention is drawn to a modal ontology and auto-constitution at work in Kierkegaard's writings, as well as a complicated and indissociable operation between killing and (...) letting-live in legalist exceptionalism, comparable to similar functions found in Foucault regarding the biopowers and necropolitics of territorial and governmental apparatuses. It closes in consideration of Kierkegaard's critique of enumeration, large numbers, and statistical probability alongside contemporary tele-technoscientific social controls via the online datafication of people by surveillance or platform capitalisms. After Kierkegaard, such apparatuses are perhaps suspect as calculated to tranquilize humanity into more docile subhumans as it fools folk into becoming part of its numbers. (*Accompanying file includes only front matter, abstract, and endnotes*). (shrink)

This paper cuts across three nineteenth-century Russian thinkers—Pyotr Chaadaev, Mikhail Bakunin and Nikolai Fedorov—to reconstruct a speculative trajectory that seeks to think an ungrounding and delegitimation of the (Christian-modern) world and its logics of violence, domination, and exclusion. In Chaadaev, Russia becomes a territory of nothingness—an absolute exception from history, tradition, and memory, without attachment or relation to world history. Ultimately, Chaadaev affirms this atopic void in its immanence, as capable of creating immanently from itself a common future. Bakunin is (...) antagonistic to political theology as an apparatus of transcendence spanning across nature and history, cannibalism and patriotism, abstraction and religious transcendence. Against these amalgams, and against Schmitt’s naturalist reading of Bakunin, we detect in him the idea of socialism or anarchism as what has never taken place in nature or history, and the image of an unnatural humanity affirmed as the common task linking an absolute futurity with a revolutionary nowness. Against the violence of nature and history in which the present is sacrificed, and death is justified, for future life, Fedorov (the founder of Russian Cosmism) seeks to think the apocalyptic common task of immanent resurrection—and the void as the cosmic void, the expanse of the universe to be inhabited in-common. For him, thought must proceed from death and the ashes (of history and the earth) as what we have in common. The resulting trajectory is ambivalent, caught between an ungrounding of modernity and world-history, and providential or theodical modes of its justification. (shrink)

A brief account of the work of Giorgio Agamben and its relation to the work of Jean-Luc Nancy.

In this book, Gavin Rae analyses the foundations of political life by undertaking a critical comparative analysis of the political theologies of Carl Schmitt and Emmanuel Levinas. In so doing, Rae contributes to key debates in contemporary political philosophy, specifically those relating to the nature of, and the relationship between, the theological, the political, and the ethical, as well as those questioning the existence of ahistoric metaphysical, ontological, and epistemological foundations. While the theological is often associated with belief in a (...) fixed foundation such as God or the truth of a religion, Rae identifies another sense rooted in epistemology. On this understanding, the ontological limitations of human cognition mean that, ultimately, human truth is based in faith and so can never be certain. The argument developed suggests that Levinas’ conception of the political is grounded in theology in the sense of religion, particularly the revelations of Judaism. For this reason, Levinas claims that the political decision is based on how to implement a prior religiously-inspired norm: justice. Schmitt, in contrast, develops a conception of the political rooted in epistemic faith to claim that the political decision is normless. While sympathetic to Schmitt’s conception of theology and its relationship to the political, Rae concludes by arguing that the emphasis Levinas places on responsibility is crucial to understanding the implications of this. The continuing relevance of Schmitt’s and Levinas’ political theologies is that they teach us that, while the political decision is ultimately normless, we bear an infinite responsibility for the consequences of this normless decision. (shrink)

In Homo Sacer, Giorgio Agamben suggests that Herman’s Melville’s ‘Bartleby the Scrivener’ offers the ‘strongest objection against the principle of sovereignty’. Bartleby, a legal scribe who does not write, is best known for the formula with which he responds to all his employer’s requests, ‘I would prefer not to.’ This paper examines this formula, asking what it would mean to ‘prefer not to’ when the law is in question. By reading Melville’s story alongside Aristotle’s theory of potentiality and Walter Benjamin’s (...) theses on history, it suggests that Bartleby’s interest, for Agamben, lies in his challenge to dominant conceptions of the relation between potentiality and actuality, which, he believes, are rendered indistinct in sovereignty. By reflecting critically on Agamben’s depiction of Bartleby as a ‘new Messiah’, this paper examines Agamben’s understanding of what it would mean to fulfil the law, and what form of political task this would entail. (shrink)

Foucault’s critique of early modern political theory aimed at displacing sovereignty as the principle of intelligibility of power. In the genealogical literature since Foucault, sovereignty has become a residual category lacking analytic specificity, largely displaced by governance, in turn equated with politics. We argue that Foucault and the Foucauldians have not understood that the flourishing of governance has presupposed a symbolic regime with a division of knowledge-power-law characteristic of the democratic sovereign. The conflation of governance with politics, together with the (...) sliding of sovereignty under governance, has left Foucauldians unable to diagnose the dangers present in varying possible sovereignty-governance configurations. (shrink)

Critics of climate collapse and colonization in the Americas rightly identify the origin of these twin crises in early modern political theologies. They seek to combat these crises with new political theologies of nature that pay greater reverence to “native” peoples’ ecological knowledge. But in doing so, these critics subtly, perhaps unwittingly, recall elements of the colonial power they criticize. I explain why this is the case, examining Bartolomé de Las Casas’s use of naturales in his critiques of Spanish Conquest, (...) and Thomas Harriot’s use of naturall inhabitants in his writing on English colonization to describe “native” Americans. Both authors aimed to promote politico-theological reverence for “native” peoples and their relationships with “nature.” This set into motion a productive form of power operating in modern political theologies. This power works by legitimizing the European-Christian presence in the Americas through their ability to recognize, respect, and protect “native” relationships with “nature.”. (shrink)

Contemporary scholarship interprets Sergej Bulgakov’s sophiology as an engagement of Orthodox theology with the modern world and as being on its way to becoming a political theology. In this paper I undertake a re-evaluation of the kind of engagement sophiology was and was intended to be, and of the kind of world it was destined for. It will be argued that sophiology was not so much a political-theological engagement with the world concentrating on the relation of religion and politics or (...) state and church, but rather an economic-theological engagement in the tradition of oikonomia theology that tried to understand the world in its relation to and as part of divine oikonomia. Furthermore, the world sophiology promotes engagement with is not only the real contemporary world, or the sociological ideal type of modernity, but primarily the world as such, this secular and human world over and against the divine and transcendent world. (shrink)

The theological turn in continental philosophy has beckoned several new possibilities for theoretical discourse. More recently, the question of the absence of a political theology has been raised: Can an ethics of alterity offer a more substantive politics? In pursuing this question, the article considers the late work of Jacques Derrida and John D. Caputo. It argues that, contrary to caricatures of Caputo’s “theology of event,” his notion of theopoetics evinces a “materialist turn” in his mature thought that can be (...) considered the beginning of a “radical political theology.” This position is not without its challenges, however, raising concerns over deconstruction’s ability to navigate the immanent but necessary dangers of politics. In order to attempt to speak of a form of “radical political theology”—i.e. a movement from theopoetics to theopraxis—the article turns to some of the political writing of Simon Critchley. It is argued that a much desired “political viscerality” for a radical political theology is supplied by Critchley’s anarchic re­alism. The latter is neither conceived as utopian nor defeatist, but as a sustained program of inventive and creative political interventions, which act as responses to the singularity of the situation. (shrink)

What are we to make of the New Christian Right’s loss of political influence and the rise of the Tea Party and libertarianism more broadly? Rather than imagine a coalition of resentment as does William E. Connolly, this paper argues that several key religious ideas of protestant fundamentalism have become secularized and now function as a political theology that privileges the personal and marginalizes the public arena. American fundamentalism shares several characteristics with protestant fundamentalism—even as it represents what might be (...) called a migration of the holy. (shrink)

In this paper we claim educational leadership as an autonomous discipline whose goals and strategies should not mirror those typical of business and political leadership. In order to define the aims proper to educational leadership we question three common assumptions of what it is supposed to carry out. First, we turn to Hannah Arendt and her contemporary critics to maintain that education aims at opening up exceptions within the normal course of events rather than simply preserving it. This way, education (...) is not reduced to an instrument at the service of the reinforcement of a given social and economic system. This leads us to ask what should exactly educational leadership oppose by means of these exceptions. According to Tyson E. Lewis’s wise application to education of Giorgio Agamben’s ontology of impotentiality, the apparently reasonable idea that education must help the subject to develop his potentials is precisely an instrumentalization of education which brings about a desubjectification of the learner. Education should actually make the pupil aware of his right not to carry his potentiality to its actualization and dwell instead in a state of impotentiality. Third and last, we complicate this picture by alluding to Zygmunt Bauman’s critique of the rejection of Western individuals to realize certain possibilities, which they deem too costly. By analysing in conjunction Agamben’s encouragement to suspend one’s potential and Bauman’s insistence on the need of not suspending it, we conclude by defining what, in our opinion, defines the raison d’être of educational leadership. (shrink)

This article argues that we must abandon the still predominant view of modernity as based upon a separation between the secular and the religious - a “separation” which is allegedly now brought into question again in “postsecularity”. It is more meaningful to start from the premise that religion and politics have always co-existed in various fields of tension and will continue to do so. The question then concerns the natures and modalities of this tension, and how one can articulate a (...) publically grounded reason with reference to it. It will first be argued that this question cannot be articulated, let alone fully answered, from the position developed by John Rawls. A different approach will then be developed, building on the writings of Eric Voegelin. This involves a much more serious engagement with the classical tradition in thought and philosophy than found in Rawls. It also implies much more than a “pragmatic” recognition of religion as a possible source for overlapping consensus, since for Voegelin a true, balanced rationality can only depart from an experientially grounded encounter with the transcendent. (shrink)

Drawing on the work of Walter Benjamin, this essay argues—largely against Carl Schmitt—that political theology as a critical analytic should examine the ‘afterlife’ of theological tropes with respect to the sense of time and history that they compel. Benjamin’s The Origin of German Tragic Drama argues that sovereignty as a political concept gains prominence as a response in the wake of the erosion of the concept of salvation history in the Baroque. The consequence of this rise of sovereignty as a (...) political key concept is a philosophy of history based on the permanently impending catastrophic end of the world. This continuously urgent situation is not only one that leaves little room for political critique and action, but also a perplexing one in its perpetuation, since the end of the world never actually arrives. To answer why political urgency can be perpetuated seemingly infinitely and why sovereigns can fail without eroding the ongoing desire for sovereignty, Benjamin’s work suggests that we must broaden our view of political theology to consider the survival of further theological concepts to include original sin as a master trope of philosophical anthropology. (shrink)

Power and leadership are typically theorized as exercises of sovereignty in the western tradition of thought. This essay takes up Michel Foucault’s challenge to escape the ‘spell of monarchy’ in our thinking in order to move beyond sovereign models of power. Interdisciplinary scholarship on complex adaptive systems provides fertile ground for this endeavor, illustrating the dynamics of post-sovereign power and opportunities for post-sovereign leadership. Viewing human organizations as complex adaptive systems helps us to theorize leadership without over-simplifying its nature or (...) exaggerating its potential. It also undermines the prevailing identification of sovereign power as the only antidote for anarchy. (shrink)

Not long after the completion of Michael Mann’s “quadrilogy” on The Sources of Social Power (1986–2012), social scientists began to interrogate the meaning of his concepts of “despotic” and “infrastructural” power. While we know that the former is the most evident sign of danger in times of war, less well understood is the role of infrastructural power in state/civil society relations. Most important is the ambiguous relationship between the two types of power and the possibility that—especially in times of war—infrastructural (...) power can become the vehicle for despotic ends. But infrastructural power is also reciprocal, offering firms and civil society groups channels with which to contest the state’s projects. In this article, I first explicate the different meanings that Mann gave to his concept of infrastructural power. In the second section, I turn to how the concept has been “received” in political science and historical sociology. In the third part, I argue that the main danger to American democracy in wartime lies not in its becoming a despotic state, but in the use of the state’s infrastructural channels for the exercise of despotic ends. The fourth part illustrates the complexities of infrastructural power in business/government/civil society relations in cybersecurity, which Mann—for understandable reasons—did not examine in his encompassing work. (shrink)

Some legal theorists deny that states can conceivably act extra-legally, in the sense of acting contrary to domestic law. This position finds its most robust articulation in the writings of Hans Kelsen, and has more recently been taken up by David Dyzenhaus in the context of his work on emergencies and legality. This paper seeks to demystify their arguments and, ultimately, contend that we can intelligibly speak of the state as a legal wrongdoer or a legally unauthorized actor.

The paper attempts to construct a theoretical account of what melancholy—in a psychoanalytical and cultural sense—may mean for jurisprudence. It argues that the map of relations and displacements between the object and the subject that is associated with melancholy in different psychoanalytical approaches can be fruitfully adopted for understanding of normativity. Based on a thorough re-reading of Freud’s Trauer und Melancholie, it suggests that there is an irremovable component of melancholy contained in the primordial act of separation of normativity from (...) non-normative reality. This interpretation is confronted with Kelsen’s Theory of Pure Law in order to analyse in which respect the momentum of self-sufficiency within normativity entails structures of melancholy. Kelsen’s concept of ‘effectiveness’ is proposed as a key link which explains how melancholic withdrawal allows the law to interact with reality. Then the paper discusses Agamben’s theory of applicability and of the state of exception to demonstrate the law’s melancholic trap. Finally, the paper draws on Lacanian and post-Lacanian approaches to melancholy in order to investigate how melancholic momentum is inherent in the very structure of the law’s validity. (shrink)

With the tertiary education mantra of creativity, critical thinking and innovation in mind, we consider the critical-creativity of error. Taking the university to model social orthography, or ‘correct writing’, according to the norms of disciplines, we consider the role of error in the classroom. Looked at another way, error questions the norms governing norms and the instability of disciplinary grounds. Beyond correction, error involves a mis-taking, or taking another way. Tracing the origin of error we are able to reconstruct the (...) social world in terms of which it is conceivable for a mistake of any kind to have been made. The university, we find, withholds worlds which are not new but are sources of creativity, and constitutes a pluriversity or poly-versity. (shrink)

This paper responds to the focus issue on exemplarity that includes contributions by Kyle Lambelet, Brian Hamilton, and Gustavo Maya. The paper calls attention to ancient, medieval, and modern precedents that ought to inform our thinking about the ethical and political significance of exemplars.

Futility is not a purely medical concept. Its subjective nature requires a balanced procedural approach where competing views can be aired and in which disputes can be resolved with procedural fairness. Law should play an important role in this process. Pure medical models of futility are based on a false claim of medical sovereignty. Procedural approaches avoid the problems of such claims. This paper examines the arguments for and against the adoption of a procedural approach to futility determination.

Political theorists continue to be provoked by Giorgio Agamben’s disturbing diagnosis that ‘bare life’ – human life that is excluded from politics yet exposed to sovereign violence – is not a sign of the malfunction of modern politics but rather a revelation of how it actually functions. However, despite the enormous amount of attention this diagnosis has received, there has been relatively little discussion of Agamben’s proposed ‘cure’ for the problem that he diagnoses. In this article, I analyze the three (...) main concepts of Agamben’s positive philosophical program – ‘infancy,’ ‘potentiality,’ and ‘form-of-life’ – in order to show how he attempts to subvert the sovereignty of law over life with his idea of a life of habit in which life is sovereign over law. In addition to analyzing these concepts, I engage in an immanent critique of Agamben’s philosophy and contrast his vision of politics with those of other influential contemporary political theorists. I find that while Agamben’s philosophical program is almost undone by internal difficulties, it still radically challenges current theories of subjectivity, humanity, and community. (shrink)

Religion and violence are related in an ambivalent, paradoxical way, for the systems of religious knowledge tend to prohibit violence and to motivate it at the same time. This paper looks for the roots of that ambivalence and reveals particular mechanisms that generate violence within religious systems and their associated practices. It argues that violence in religious systems is present in at least three forms: It is inherent to communication with the “sacred,” it is generated by processes of inclusion and (...) exclusion, shaping religiously interpreted lifeworlds, and it is motivated or moderated by the respective semantics of religious narratives. The paper concludes that violence as a moment of hierophany is constitutive for the living experience in religious systems and cannot be eliminated entirely by moderating semantics. (shrink)

My response to Tyson Lewis’s book concentrates on two themes, seemingly peripheral to the book’s explicit content: the pertinent question of (educational) violence and the related problem of instrumentalism. I try to tackle both of them by outlining the dispute between Walter Benjamin and Carl Schmitt. The choice of Schmitt as the background for these peripheral commentaries is not accidental. The premise of Lewis’s book is that there is a link between fascism and 21st century populism and authoritarianism (in the (...) US, France, and Germany, but – as I would argue – much more prevalent in Hungary and Poland). The European version is, if not intellectually connected, then at least somehow coincident with the renaissance of the thought of the German jurist of the Weimar and Nazi era. Benjamin’s antifascist potential depends also on his power of de-potentializing Schmitt’s political theology, concepts of sovereignty and state of exception. (shrink)

This article takes issue with the practical and the cognitive roles of normality within political life and its relevance to the constitution of the groups that comprise a political community. From a practical viewpoint, normality fosters standards of correctness; from a cognitive viewpoint, these standards are what allows individuals to perceive themselves, and to be recognized, as group members. To achieve this aim, the article delves into Carl Schmitt’s and Pierre Bourdieu’s accounts of how politics is a field where semantic (...) struggles take place that are meant to impose alternative visions of the social world. Different types of connections and relationships among individuals and groups (which rule out alternative connections and relationships) shore up a specific vision of the social world (which rules out alternative visions). The article concludes by saying that awareness of the normalizing effects of politics is key to producing a counter-politics meant to defy the naturalization and de-historicization that every political representation furthers. (shrink)

Carl Schmitt, an increasingly influential German law professor, developed a provocative and historically oriented model of “political theology” with specific relevance to legal scholarship and the authorship of constitutional texts. His “political theology” is best understood neither as an expressly theological discourse within constitutional law, nor as a uniquely legal discourse shaped by a hidden theological agenda. Instead, it addresses the possibility of the continual resurfacing of theological ideas and beliefs within legal discourses of, for instance, sovereignty, the force of (...) law and states of emergency (or “exception”) that present themselves as relentlessly secular, even—in the case of Kelsenian jurisprudence—”scientific”. This article illustrates and then critically evaluates Schmitt’s theory in terms of the authorship of constitutional texts in particular. It includes two case studies—genocidal colonial land appropriation and Kelsenian positivism in order to illustrate aspects of his political theology. Whilst Schmitt is defended against reductionist interpretations, I show that there remains considerable unfinished business before a Schmittian approach to legal theory merits full acceptance. (shrink)

This article suggests that humanism is a decisionism in contemporary critical political theory. Despite obvious and multiple differences, leading critical theorists like Giorgio Agamben, Slavoj Žižek, Eric Santner, and Jürgen Habermas, among others, share an investment in stabilizing the human being as a ground of the political. This stabilization of the human should concern political theorists, as this article argues, because it uncritically reproduces conceptual affinities between the notion of the human being and sovereign authority. By investing in the stability (...) and centrality of the human being, these theorists perform what will be called, paraphrasing an often neglected argument by Carl Schmitt, a decision to be human. Contrary to conventional wisdom, I argue that Schmitt’s decisionism is not merely circumscribed to sovereignty’s juridico-political dimension, but that it also includes a peculiar commitment to God’s decision to become human in Christ. Against this decisionism as humanism, the article draws on Walter Benjamin, Roberto Esposito, and Jacques Derrida to propose an alternative politics that destabilizes humanity and sovereignty through the emergence of the animal, or what will be called melancholic lycanthropy. (shrink)

Roberto Esposito (1998; 2002; 2008) examines how immunological apparatuses originally designed to protect communities end up undermining communities. This paper explores comparatively his view on the interplay between community and immunity with Giorgio Agamben’s and Jacques Derrida’s, although in their works these notions appear under other labels. Beyond pointing out their similarities, the paper concludes by analyzing what, in our view, constitute the raison d’être of their ultimate and irreconcilable differences: Agamben’s approach is _antinomic_, while Derrida’s is _aporetic_ and Esposito’s (...) is rather _dialectical_. (shrink)

This essay traces the influence of Carl Schmitt on an interpretative tendency found in a number of contemporary readings of Kant’s political philosophy. This influence can be traced back to two basic commitments: the idea that Kant’s philosophy seeks to defend a pacifist and humanitarian ideal of history and progress, and that political conflict must, for this reason, be somehow pacified or eradicated. I argue that these ‘anti-conflict’ readings of Kant go astray in ignoring the systemic role conflict plays in (...) Kant’s understanding of agency and freedom on the one hand, and in overlooking that this conflict is not empirical but normative, and thereby, unavoidable. In light of this ‘agential conflict’, Schmitt’s critique to Kant begins to lose all its force. (shrink)

This essay, between serious and facetious, addresses an apparently secondary implication of the planetary tragedy produced by Covid-19. It coincides with the ‘problem of the veil,’ a bone of contention in Islam/West relationships. More specifically, it will address the question of why the pandemic has changed the proxemics of public spaces and the grammar of ‘living together.’ For some time—and it is not possible to foresee how much—in many countries people cannot go out, or enter any public places, without wearing (...) a sanitary mask. In short, almost all of us, by obligation or by urgent advice from the public authorities of the various countries, will not live the public sphere with our faces uncovered. The alteration of the social context affecting many Western countries will inevitably involve also the ‘local’ perception of the Islamic veil and—as a matter of equality—the consistency of the prohibition of wearing it. What will thus become of the ban on wearing it in public places established by some countries such as France and asseverated by the ECHR? If everyone can and will have to go around with their faces covered, why should only Islamic women be discriminated against? Will not the change in boundary conditions produced by Covid-19 also induce Western people to re-categorize the meaning of the veil? And will this re-categorization not directly affect the ‘fact’ of wearing the veil, that is, its empirical perception? And still, will this psycho-semantic change not show how empirical perceptions are cultural constructs rather than ‘objective facts,’ as such allegedly independent from the observer’s point of view? Consequentially, will the plurality of perceptions and cultural meanings related to the gesture of covering one’s own face not gain renewed relevance in determining the legitimacy of wearing the veil? The socio-semantic earthquake produced by Covid-19 compels us to rethink this and other issues orbiting around the translation of ‘facts’ into legal language; furthermore, it highlights the instrumentality of many ideological/partisan and ethnocentric assumptions passed off as objectivity regarding those alleged ‘facts.’ The essay will attempt to provide an answer to the above questions by proposing a semiotic-legal approach to intercultural conflicts and, indirectly, the pluralism in law. (shrink)

The invention of Bitcoin in 2008 as a new type of electronic cash has arguably been one of the most radical financial innovations in the last decade. Recently, developer communities of blockchain technologies have started to turn their attention towards the issue of governance. The features of blockchain governance raise questions as to tensions that might arise between a strictly “on-chain” governance system and possible applications of “off-chain” governance. In this paper, we approach these questions by reflecting on a long-running (...) debate in legal philosophy regarding the construction of a positivist legal order. First, we argue that on-chain governance shows striking similarities with Kelsen’s notion of a positivist legal order, characterised by Schmitt as the machine that runs itself. Second, we illustrate some of the problems that emerged from the application of on-chain governance, with particular reference to a calamity in a blockchain-based system called the DAO. Third, we reflect on Schmitt’s argument that the coalescence of private interests is a vulnerability of positivist legal systems, and accordingly posit this as an inherent vulnerability of on-chain governance of existing blockchain-based systems. (shrink)

What kind of persons could engage in political torture? Not only the morally impaired who lack empathy or compassion, or even the merely obedient, but also the righteous who struggle with conscience, and the realists who set morality aside.

Time is money. According to E.P. Thompson, this saying lies at the core of the logic of capitalism. And yet, in the vast literature on state-capital relations, the strategic value of time has remained relatively neglected compared to rent distribution and monetary exchanges. Elaborating on the recruitment of migrants by employers and their intermediaries in Mauritius, this article explores the role of bureaucratic time and delays in businesses’ access to the fundamental resource for economic accumulation: labour. It reveals a bifurcated (...) bureaucratic pathway, a two-speed logic in the Mauritian bureaucracy of migration. On one side is the lengthy and unpredictable process of administering the authorisations to recruit foreign workers; on the other appear what I term the “shortcuts through the red tape”, the exemptions to the bureaucratic procedures and delays that benefit politically connected actors. Drawing on this case study, I contend that the politics of waiting, inherent to bureaucratic routine, matters in the relations between business and the state. (shrink)

In his landmark monograph, "The Politics of Jesus", John Howard Yoder challenged mainstream Christian social ethics by arguing that the New Testament account of Jesus's founding of a messianic community entails a normative politics, not only for early Christianity but for the contemporary church. This challenge is further elaborated in several important posthumous publications, especially "Preface to Theology", in which Yoder examines the development of early Christology with attention to its political and ethical implications, and "The Jewish-Christian Schism Revisited", Yoder's (...) proposal for a renewed Jewish-Christian dialogue around the moral meaning of messianism. This article interprets these writings with reference to a range of critical scholarship on and about Yoder, Yoder and Augustine, and Jewish and Christian messianism, paying particular attention to questions of political ethics. (shrink)

The article addresses the ‘messianic turn’ in contemporary continental philosophy, focusing on the concept of the katechon as the restraining force that delays the advent of the Antichrist in the Second Letter to the Thessalonians. While Carl Schmitt held the passage on the katechon to ground the Christian doctrine of state power, Giorgio Agamben’s reading of Pauline messianism rather posits the ‘removal’ of the katechon as the pathway for messianic redemption. In our argument, the significance of this text goes beyond (...) the persistence of a vestige of the theological in modern politics. On the contrary, the logic of the katechon only comes into its own under modern nihilism as the resolution of the problem of social order in the absence of the eschatological dimension. The article focuses on the lethal paradox of the logic of the katechon, whereby the function of protection and restraint is converted into violence and anomie, and global political order becomes indistinguishable from global civil war. We conclude by outlining the conditions for suspending the katechonic function in a critical engagement with Agamben’s messianic politics. (shrink)

The paper addresses Giorgio Agamben’s affirmation of post-sovereign politics by analyzing his critical engagement with the Hobbesian problematic of the state of nature. Radicalizing Carl Schmitt’s criticism of Hobbes, Agamben deconstructs the distinction between the state of nature and the civil order of the Commonwealth by demonstrating the ‘inclusive exclusion’ of the former within the latter in the manner of the state of exception, which functions as a negative foundation of any positive order. Since the state of nature is no (...) longer cast as spatially external and temporally antecedent to the former, it cannot be escaped by the perfection of the legal order, nor can it itself be posited in an essentialist manner as a pre-political site uncontaminated by sovereign violence. While denying any way out of the state of exception, Agamben nonetheless argues for the possibility of its appropriation in the way that dissociates anomie from the locus of sovereignty and reclaims it as an attribute of free social praxis. The paper analyzes three central features of this ‘post-sovereign’ politics and concludes with a discussion of the differences between Schmitt and Agamben with regard to the fate of Hobbes ’s Leviathan in late modern politics. (shrink)

This article focuses on theoretical reflections on sovereignty and constitutionalism in the context of the globalization and Europeanisation of the nation states, their politics, and legal systems. Starting from a critical assessment of the Kelsen-Schmitt polemic, the author claims that sovereignty needs to be analysed by the sociological method in order to disclose its current structural differentiation. The constitution of society may be imagined as the multitude of self-constituted and functionally differentiated social subsystems. The constitutional pluralism argument subsequently reconceptualizes sovereignty (...) as socially differentiated and divided between specific subsystems. The EU's differentiated constitutional domain and the paradox of divided sovereignty are used as examples of profound structural and semantic changes in contemporary national and transnational societies. While the sovereign nation-state institutions have become marginalized in political structures of European societies, the self-constitutionalization of the functionally differentiated EU legal system proceeds by internalizing the concept of divided sovereignty and using it semantically as its mode of self-reference. (shrink)

This article seeks to contribute to the thinking of forms of corporateness, sociality and authority in the context of, but also beyond, neoliberalism, the neoliberal state and neoliberal accounts of the corporation. It considers neoliberalism in relation to the theological genealogies of modernity, politics and economy, and the way in which neoliberalism itself functions as a secular religion—one which intensifies liberal individualism and involves a blind faith in the market redefining all social interactions in terms of contract. I turn to (...) the theological genealogies of sovereignty and economy, and of the corporation, as a way of grounding a radical consideration of collectivity and sociality. For, while the rise of neoliberalism is associated with the growth of multi-national or trans-national corporations, the privatisation of state assets and the corporatisation of public institutions, each of these involve not a diminishing of the state or the project of state sovereignty but rather its reformulation, reaffirmation and intensification. The corporation, despite being redefined as the interaction of fundamentally self-willing and contracting individuals operating in the market, is still fundamentally intertwined with state sovereignty. Attempts to address or respond to corporate power need to go beyond calls for greater regulation of corporations, increased corporate social responsibility or even the desire to eliminate corporate personhood. Rather, what is required is a greater emphasis on the notion of corporateness that undergirds the theological genealogy of the corporation—for if neoliberalism functions as a religion then part of the solution may be a theological one. (shrink)

(2006). A ‘Retro‐version’ of Power: Agamben via Foucault on Sovereignty. Critical Review of International Social and Political Philosophy: Vol. 9, No. 3, pp. 445-459.

This article examines the consequences for the res publica of the simultaneous increase in state surveillance and the restriction of the right to take photographs in public ushered in by the War on Terror. We draw on Ariella Azoulay's theorization of what she terms the civil contract of photography, or the possibility for non-state civic interaction allowed by the invention of the camera. While Michel Foucault's studies of the role of constant surveillance in disciplinary societies help us to understand our (...) increasingly panoptical public spaces, Azoulay also draws on Giorgio Agamben's theorization of the state of exception, which enables us to better understand the restriction of established rights, including the right to take photographs, in the post-9/11 context. The article asks whether these developments signify an attempt to monopolize the decision as to who constitutes the citizenry of photography, and also considers artistic and political responses to surveillance and photography restrictions in Australia and the United Kingdom. (shrink)